JUDGMENT 1. - Heard learned counsel for the applicants.The applicants-Mohd. Husain and Sunil by way of these two separate applications u/s. 439 Cr.P.C. have prayed for their release on bail. The learned Sessions Judge has rejected the bail applications of Mohd. Husain, Sunil, Chetan Kumar, Arjun Singh, Subhash Singh and Abdul Naeem. It appears from the record that these accused persons are the members of the international gang smuggling idols in the name of antiques. One Vaman Narayan is said to be the ring leader of the gang. The transaction has gone in crores. The allegations against the applicants are serious inasmuch as they are indulged in anti-national activities, selling the culture of the country. Thus, the contention that the case is triable by the Court of Magistrate cannot be accepted in such cases. Even though the applicants are to be tried for offence u/ss. 380, 411 & 414 IPC, they are not entitled to bail. In State v. Captain Jagjit Singh, reported in AIR 1962 SC page 253 the High Court granted bail to respondent-Captain Jagjit Singh considering that the facts disclosed in the case against him are u/s. 5 of the Official Secret Act which is bailable. The Court also considered that two persons prosecuted along with the respondent had been released and the trial was likely to take considerable time. It was also taken note that the respondent was not likely to abscond. The Apex Court while setting aside the order of the High Court observed that the case of respondent-Capital Jagjit Singh was distinguishable from the other accused persons as there was allegation against him of being in touch with the foreign agency. His activities were prejudicial to the safety and interest of the State. 2. In the instant case, the international gang has been unearthed by the Rajasthan Police in which number of persons are engaged in the State of Rajasthan under the leadership of one Vaman Narayan. Undoubtedly discretion is vested with this Court u/s. 439 of the Code of Criminal Procedure to enlarge the applicants on bail, but I do not consider it to be a fit case for exercise of powers in favour of the applicants. Much more can be said with respect to the nefarious activities in which the applicants and other associates are said to be involved.
Much more can be said with respect to the nefarious activities in which the applicants and other associates are said to be involved. But it is advisable to say no more as the case is still at the trial stage. 3. The bail applications filed by both the accused persons stand rejected. The trial Court is directed to expedite the trial.Bail application rejected. *******